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Essay / Research Paper Abstract
This 8 page UK law paper examines the unfairness in the compensation given for property or land that is subject to a compulsory purchase order (CPO). The paper looks at the underlying concepts, the statutory provisions and the 'no-scheme rule' known as the Pointe Gourde principle, fair market value and the recommendations made by the Law Commission in 2002. The bibliography cites 6 sources.
Page Count:
8 pages (~225 words per page)
File: TS14_TEcompurc.rtf
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Unformatted sample text from the term paper:
which many aspects of law. One area which has been seen as having many unfair aspects has been that concerning the way compensation. One of the first cases to be
brought before the European Court of Human Rights; Lithgow v UK, A102, 8 EHRR 329 involved property. This case was a result of a compulsory purchase order, the land
had been taken. The plaintiff claimed they had not received fair compensation (Reed, 2001). This case concerned Article 6; this is where each individual is given the right to a
fair trial as well as access to the courts (Davis, 2000). There are many elements of compulsory purchases that may be seen
as unfair, depriving someone of a home and then not allowing any or sufficient compensation for this apart form a subjective value on the property. There have been different moves
over time that have sought to increase the fairness as it is not only a matter of public interests that needs to be considered. There is also the need to
balance private interests with public interests in a proportional manner, as supported by the Human Rights Act. We can argue that the loss of property due to a compulsory purchase
order can, itself, be an experience that is devastating. The accompanying administrative issues can be overwhelming and upsetting, it should be seen as only fair that anyone suffering in such
a manner should be "fairly and fully compensated" (Bridge, 2004). Compulsory purchase and the level of compensation that is granted has, for a long time, been subject to controversy. The
origins of the current position date back the to the eighteenth and nineteenth century when the there were the development and legislation for a range of compulsory purchase actions. These
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